Free Response - District Court of Connecticut - Connecticut

~ Case 3:00-cv-00871-CFD h Document 123 Filed 11/24/2004 Page 1 of 4
UNITED STATES DISTRICT COURT I
DISTRICT OF CONNECTICUT
(HARTFORD)
GREYSTONE COMMUNITY .
REINVESTMENT ASSOCIATES, INC., : CIVIL ACTION NO.: 3:00-CV-871(CFD)
Plaintiff, : l C;
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FIRST UNION NATIONAL BANK : E2 §’““’ I
p Defendant. : S3 U
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GREYSTONE COMMUNITY : Z"
REINVESTMENT ASSOCIATES, INC., : CIVIL ACTION NO.: 3:02-CV-l703(CFD) ‘ .
Plaintiff} :
vs. l
BEREAN CAPITAL, INC. A
Defendant. : NOVEMBER 24, 2004 _
. PLAINTIFF’S OBJECTION TO MOTION TO EXTEND DEPOSITION
n Plaintiff} Greystone Community Reinvestment Associates, Inc. Giereinafter "Greystone"),
hereby objects to defendant, Berean Capital, Inc’s (hereinafter "Berean"), motion to extend the
deposition of Howard Brown (hereinafter "Brown") to 1 1 hours. Rule 30(d)(2) ofthe Federal Rules
of Civil Procedure provides a "one day of seven hours" limit for the deposition of witnesses. Berean
has not met its burden of proof in addition to causing a financial hardship to Brown as set forth
below.
‘ Fed.R. Civ. P. 30(d)(2). Rule 30(d)(2), however, allows the Court to grant additional time A
if "needed for a fair examination of the deponent or if the deponent or another person, or other

° Case 3:00-cv-00871-CFD Document 123 Filed 1 1/24/2004 Page 2 of 4
circumstance, impedes or delays the examination." Id. Examples of grounds for granting an
extension include whether a witness requires an interpreter, the examination covers events occurring
over a long period of time or extensive documents, if multiple parties are deposed, or if someone
impedes or delays the examination. See Fed.R. Civ. P. 30(d) advisory committee note. Berean fits —
into none of these examples. Rather, Berean has been provided with approximately 20 hours of
transcript (covering four days) from the deposition of Brown in the companion case of Greystone
Community Reinvestment Associates, Inc. v. First Union National Bank, Civil Action No. 300 CV
871 (CFD) (Dist. of Ct.) covering the same documents, claims and subject matters. Further, Berean
has been provided with both Greystone’s and First Union’s motions for summary judgment with
accompanying key documents in addition to the Affidavit of Brown. The process of wading through
· a multitude of documents has been eliminated and there is very little, if anything, that has not been
A organized, simplified or covered. I
The "party seeking a court order to extend the examination, or otherwise alter the limitations,
is expected to show good cause to justify such an order." Fed.R. Civ. P. 30(d) advisory committee
note. In this case, Berean has not demonstrated to the Court that additional deposition time is
necessary. Berean alludes to "substantia1materials" and a "myriad of issues", but provides no detail V
showing that such documents and issues were not previously known or were not covered at length (
in the approximate 20 hours of deposition already taken, or that further questioning on these
documents and issues is reasonably calculated to lead to the discovery of admissible evidence. See,
- Jensen v. Astrazeneca LP, No. 02-4844 (D. Minn. August 30, 2004) (attached as Exhibit 1)
- Lastly, Brown is currently consulting for a New York law firm and cannot obtain additional
time off without losing the assignment at a significant financial hardship to himself and his family.
-2-

V Case 3:00-cv-00871-CFD Document 123 Filed 11/24/2004 Page 3 of 4
Because Berean has provided no evidence by which the court might determine whether
additional deposition time is necessary (especially in light of the hardship to Brown), Berean, as the
moving party, have failed to meet the burden to demonstrate that additional time is necessary. For 7
the reasons set forth above, the Berean should be denied deposition time beyond the 7 hours
permitted by Rule 30(d)(2). " "
J PLAHSITIFF, .
A _ _ By: , ·
Eliot B. ersten (ct052l3)
· W John J. obacyn t15636)
GERST N LIFFORD
i 214 Ma .Stre t
· Hartfor CT 06 06 -
. Tel: 860 27-704
Its Attorn s
-3- _

’ Case 3:00-cv-00871-CFD Document 123 Filed 1 1/24/2004 Page 4 of 4
CERTIFICATE OF SERVICE
This is to certify that on November 24, 2004, a copy of the foregoingvwas mailed, postage
prepaid, to the following: ·
Thomas J. Finn, Esq. .
Paula Cruz Cedillo, Esq. .
McCarter & English LLP ‘ "`
CityPlace I
185 Asylum Street ‘
H&ftf0fd, cr 06103
James T. Shea1in, Esq. _ 0
Brian C. Roche, Esq. _
Pullman & Comley LLC
850 Main Street
P.O. Box 7006 .
Bridgeport, or 06601-7006 ` _
J 0 J. Roba ~ ski, Esq. y
4\
-4- .